Tag: VICP

Has the Vaccine Court Compensated over 70 Families for Autism?

Has the Vaccine Court ever compensated the family of an autistic child?

Kind of.

Hannah Poling is autistic and her family was compensated by the Vaccine Court. But she wasn’t compensated for autism.

“Because she had an existing encephalopathy (presumably on the basis of a mitochondrial enzyme defect) and because worsening of an existing encephalopathy following measles-containing vaccine is a compensible injury, Hannah Poling was compensated.”

Why was Hannah Poling compensated?

Hannah Poling was compensated because she had a table injury.

Has the Vaccine Court Compensated over 70 Families for Autism?

Remember the Autism Omnibus Proceedings?

Those were the test cases that represented three different theories of how vaccines could possibly be associated with autism. None of them were upheld by the Vaccine Court and none of the families were compensated.

“The devil is in the details. You can call autism many different things and it looks very much differently to different folks. But at the end of the day, the Vaccine Court has awarded over 70 families that their children now have autism and these children developed encephalitis, which is brain inflammation, that turned into autism. 70 families. And your viewers can google Hannah Poling and Baxter Bailey. Those are two of the most popular cases. And the U.S. government said to them, your child received autism because of this. I mean, they were awarded. So, it’s in the books.”

Liza Longoria Greve on KOCO News 5

So how could anyone be saying that over 70 families of autistic children have been compensated by the Vaccine Court?

"Reaching out for the other side" of some arguments simply allows them to push myths and propaganda.
“Reaching out for the other side” of some arguments simply allows them to push myths and propaganda.

I guess folks can say whatever they want, especially when the media doesn’t understand the idea of false balance and gives them a platform, after all, that’s how you explain much of propaganda of the anti-vaccine movement.

How can they say that encephalitis turns into autism?

Again, folks can say whatever they want, but this is actually a little different from what they usually claim, that autism is encephalitis.

Of course, it isn’t.

70 Families? Google It

So what happens if you ‘google it‘ and actually research Liza Longoria Greve’s claim?

We already know about Hannah Poling… Again, she has a mitochondrial disorder and autism and she was compensated because it was thought that she had an adverse event to getting vaccinated because of her mitochondrial disorder.

And Baxter Bailey? You don’t find anything if you look for Baxter Bailey, but you will eventually find information about Bailey Banks, who was compensated for (acute disseminated encephalomyelitis) ADEM, which led to Pervasive Developmental Delay (PDD). He wasn’t compensated for autism though.

Baily Banks was not compensated for autism.
Baily Banks was not compensated for autism.

What about the other families she is talking about?

A little more googling and you find that she is likely talking about an article,  Unanswered Questions from the Vaccine Injury Compensation Program: A Review of Compensated Cases of Vaccine-Induced Brain Injury, that was published in the Pace Environmental Law Review in 2011 by Mary Holland, in which she reports finding “eighty-three cases of autism among those compensated for vaccine-induced brain damage.”

Instead of proof that vaccines cause autism though, Holland’s paper was little more than a “misleading recasting of VICP decisions.”

And vaccines are still not associated with autism.

What to Know About Vaccine Court and Autism

The vaccine court has never compensated anyone for so-called vaccine-induced autism.

More on Vaccine Court and Autism

Vaccine Excise Tax

The Vaccine Injury Compensation Trust Fund was set up by the National Childhood Vaccine Injury Act of 1986 as a source of funds to compensate people found to be injured by certain vaccines by the Vaccine Court.

Vaccine Excise Tax

Money for the Vaccine Injury Compensation Trust Fund comes from a $0.75 excise tax on each vaccine that kids routinely get as recommended by the CDC.

Who pays this vaccine tax?

Is it the drug companies or folks getting the vaccines?

The U.S. Department of the Treasury collects the tax from the vaccine manufacturers.

But like other manufacturing costs, they likely just add it to the price of the vaccine. They are still paying it though.

Vaccine Injury Compensation Trust Fund

How much does the IRS collect?

Between 2009 and 2013, it has averaged about $200 million a year.

The Vaccine Injury Compensation Trust Fund has a balance of over $3 billion, as in addition to the excise tax, it gains interest on investments. That balance has grown because the Fund’s income has outpaced its payments (about $3.5 billion) over the years.

For More Information on the Vaccine Excise Tax

Table Injuries and Vaccine Court

Vaccine injuries, while rare, are certainly real.

In fact, as most people are aware, since 1988, almost $3.5 billion dollars have been paid out by the Vaccine Court for 4,899 compensated awards under the National Vaccine Injury Compensation Program.

While most were settled and “cannot be characterized as a decision by HHS or by the Court that the vaccine caused an injury,” some of the claims were either compensated by a court decision or by concession and for which “it is more likely than not that the vaccine caused the injury or the evidence supports fulfillment of the criteria of the Vaccine Injury Table.”

History of the Vaccine Injury Table

The Vaccine Injury Table was created by the National Childhood Vaccine Injury Act of 1986 and includes “a table of vaccines, the injuries, disabilities, illnesses, conditions, and deaths resulting from the administration of such vaccines, and the time period in which the first symptom or manifestation of onset or of the significant aggravation of such injuries, disabilities, illnesses, conditions, and deaths is to occur after vaccine administration for purposes of receiving compensation under the Program.”

The Vaccine Injury Table:

  • “is a listing of covered vaccines and associated injuries,” although some covered vaccines, like Hib, hepatitis A, chicken pox, flu, HPV, Prevnar, and the meningococcal vaccines, are not on the table
  • “makes it easier for some people to get compensation,” since if a symptom of a table injury occurs within the time frame of getting a table vaccine, then unless another cause is found, “it is presumed that the vaccine was the cause of the injury”
  • “lists and explains injuries and/or conditions that are presumed to be caused by vaccines,” from anaphylaxis and encephalopathy to thrombocytopenic purpura
  • has been modified several times, most notably in 1995 (HHE and seizures from DTP were removed as table injuries and chronic arthritis from rubella was added), 1997 (thrombocytopenia (measles), brachial neuritis (tetanus), and anaphylaxis (hepatitis B) were added as table injuries), and 2002 (intussusception (rotavirus) added as a table injury).
  • is typically only modified if an Institute of Medicine report finds scientific evidence that a condition could be caused by a vaccine with guidance of the Advisory Commission on Childhood Vaccines

Some people, especially anti-vaccine folks who think it is too hard to get compensated under the NVICP, will be surprised that one of the main overarching guiding principles for making changes to the Vaccine Injury Table is that:

Where there is credible scientific and medical evidence both to support and to reject a proposed change (addition or deletion) to the Table, the change should, whenever possible, be made to the benefit of petitioners.

Guiding Principles for Recommending Changes to the Vaccine Injury Table

Changes to the Vaccine Injury Table were proposed last year.

Off Table Injuries

As you can imagine, since most new vaccines do not have table injuries, the VICP has shifted from Vaccine Injury Table to off-Table claims.

While that may change if last years proposed changes are adopted, off-Table claims can still be compensated, a vaccine is not just presumed as causing an injury in these cases.

For More Information on Table Injuries